Islam And The State From The Perspective of Efforts To Establish Positive Law In Indonesia

Abstract

The struggle to make Islamic law the basis of the state is nothing new. Indonesia, which is diverse, has a variety of ethnicities, religions, races and groups, forcing the struggle for Islamic law as the basis of the state to experience many challenges. Even though the majority of Indonesia's population is Muslim, this does not necessarily make the struggle easier. Ulama differ in their opinions regarding the necessity of implementing Islamic law. There are scholars who are of the opinion that those who are not ruled by Islamic law are considered infidels and conversely there are other scholars who are of the opinion to allow those who are not ruled by Islamic law so that the desire to make Islamic law a positive law will be an effort that will encounter many challenges and obstacles. Apart from that, there is no Islamic leader who can be accepted by all groups. The relationship between Islam and the state must be well understood and translated thoroughly and carefully considering the conflicts that may arise and could lead to division and disintegration of the nation. The relationship between Islam and the state actually ended long ago when the Founding Fathers (Muhammad Yamin, Soepomo and Soekarno) chose the concept of a national state based on Pancasila rather than a religious state. Accepting Pancasila as the basis of the state was a smart choice for the founders of the nation considering the conditions of ethnic, religious, racial and inter-group diversity (pluralism) that exist in Indonesia. The better the relationship between Islam and the state, the greater the opportunity for Islamic law to be applied as positive law in Indonesia, conversely, the more tenuous the relationship between Islam and the state, the smaller the opportunity for Islamic law to be applied as positive law in Indonesia.